Today is fixed for hearing on admission point.

Ld. Lawyer for the complainant is present by filing hazirah and also submitted that the fact of the case is that complainant had purchased one DI 47 RX tractor from the J.P Automobile on dated 20/06/2016 and also exchanged his old tractor with the same O.P. After that event some disputes come up between the parties which are mentioned in the complaint petition.

            In Para 10 of the complaint petition the complainant mark that the cause of action arose on dated 20/06/2016 and he register complain for mediation  before the Assistant Director, Consumer Affairs & Fare Business Practices, Jalpaiguri on dated 05/01/2017. That mediation initiative was failed. After that the complainant sends one notice to the O.P through registry post on 14/06/2022.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

            Ld. Lawyer for the complainant has also filed an application of U/s 69 of the C.P. Act for condone of delay of total 2117 days for filing the above noted case.    Moreover, the perusal of Section 69 as mentioned supra it is very clear that the Court or the Forum can condone the delay if there is any plausible reason satisfying the Court to condone such delay. In this case also, it has been specifically pleaded by the complainant that due the outbreak of COVID pandemic he got delayed in filing the complaint. Besides, the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No.3 of 2020 has held as under:

"I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings."

We, also rely upon the judgment of the Hon'ble Supreme Court reported in AIR 2014 (SC) 1612 'Brijesh Kumar & Ors. Vs. State of Haryana & Ors.' wherein it has been held that 'sufficient cause is a condition precedent for exercise of the powers to condone the delay'.

After hearing the Ld. Lawyer for the complainant and on going through the materials on record it needs to be mentioned, that the cause of action arose sometime in the year 2016/2017, but the complainant failed to file any case within the stipulated period of two (2) years, which is well before the onset of the Pandemic period. Therefore, the complainant cannot claim the excuse of Lock-down, for the Pandemic period, as a hindrance to filing this case. This case is badly delayed by more than Six (6) years and therefore, the same cannot be admitted.

Under the circumstances prayer for admission stands refused. The case thus is disposed of. 

Let a copy be supplied to the complainant free of cost.